Senate Bill sb2742

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2742

    By Senator Sebesta





    16-1110-03

  1                      A bill to be entitled

  2         An act relating to the transportation

  3         disadvantaged; amending s. 427.011, F.S.;

  4         defining and redefining terms; amending s.

  5         427.012, F.S.; revising membership of the

  6         Commission for the Transportation

  7         Disadvantaged; amending s. 427.013, F.S.;

  8         restating the purpose of the commission and

  9         revising its responsibilities; providing for a

10         quality assurance program within the commission

11         and for quality assurance standards; providing

12         for an ombudsman program and ombudsman

13         committee; providing for a uniform statewide

14         competitive procurement process; providing for

15         development of innovative approaches for the

16         delivery of services to the transportation

17         disadvantaged; promoting consumer choice;

18         providing for a substance abuse program;

19         amending s. 427.0135, F.S.; prescribing powers,

20         duties, and functions of purchasing agencies;

21         amending s. 427.015, F.S.; revising duties of

22         metropolitan planning organizations and

23         planning agencies with respect to services for

24         the transportation disadvantaged; providing for

25         public educational programs; amending s.

26         427.0155, F.S.; revising powers and duties of

27         community transportation coordinators;

28         prescribing additional elements that must be

29         included in transportation operator contracts;

30         amending s. 427.0157, F.S.; revising powers and

31         duties of coordinating boards; requiring such

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         boards to assist in public awareness and

 2         educational efforts and to assist community

 3         transportation coordinators; amending s.

 4         427.0158, F.S.; revising information that must

 5         be maintained with respect to school buses used

 6         in transporting the transportation

 7         disadvantaged; amending s. 427.0159, F.S.;

 8         revising deposits to and uses of the

 9         Transportation Disadvantaged Trust Fund;

10         amending s. 427.016, F.S.; revising guidelines

11         for expenditure of funds; authorizing audits

12         and review of records; providing an effective

13         date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Section 427.011, Florida Statutes, is

18  amended to read:

19         427.011  Definitions.--For the purposes of ss.

20  427.011-427.017:

21         (1)  "Transportation disadvantaged" means those persons

22  who because of physical or mental disability, income status,

23  or age are unable to transport themselves or to purchase

24  transportation and are, therefore, dependent upon others to

25  obtain access to health care, employment, education, shopping,

26  social activities, or other life-sustaining activities, or

27  children who are handicapped or high-risk or at-risk as

28  defined in s. 411.202.

29         (2)  "Metropolitan planning organization" means the

30  organization responsible for carrying out transportation

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  planning and programming in accordance with the provisions of

 2  23 U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).

 3         (3)  "Agency" means an official, officer, commission,

 4  authority, council, committee, department, division, bureau,

 5  board, section, or any other unit or entity of the state or of

 6  a city, town, municipality, county, or other local governing

 7  body or a private nonprofit transportation service-providing

 8  agency.

 9         (4)  "Transportation improvement program" means a

10  staged multiyear program of transportation improvements,

11  including an annual element, which is developed by a

12  metropolitan planning organization or designated official

13  planning agency.

14         (5)  "Community transportation coordinator" means a

15  transportation entity approved by the commission and

16  recommended by a metropolitan planning organization, or by the

17  appropriate designated official planning agency as provided

18  for in ss. 427.011-427.017 in an area outside the purview of a

19  metropolitan planning organization, following a competitive

20  procurement process, to ensure that coordinated transportation

21  services are provided to the transportation disadvantaged

22  population in a designated service area.

23         (6)  "Transportation operator" means one or more

24  public, private for-profit, or private nonprofit entities

25  engaged by the community transportation coordinator to provide

26  service to transportation disadvantaged persons pursuant to a

27  coordinated transportation disadvantaged system service plan.

28         (7)  "Coordinating board" means an advisory entity in

29  each designated service area composed of representatives

30  appointed by the metropolitan planning organization or

31  designated official planning agency, to provide assistance to

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  and evaluate the community transportation coordinator relative

 2  to the coordination of transportation services.

 3         (8)  "Purchasing agency" "Member department" means an

 4  agency a department whose head is a member of the commission

 5  or an agency that purchases or expends transportation services

 6  for the transportation disadvantaged and that may choose to

 7  contract with the commission for the provision of

 8  transportation for its clients or other services based on a

 9  performance-based contract.

10         (9)  "Paratransit" means those elements of public

11  transit which provide service between specific origins and

12  destinations selected by the individual user or purchasing

13  agency with such service being provided at a time that is

14  agreed upon by the user and provider of the service.

15  Paratransit service is provided by taxis, limousines,

16  "dial-a-ride," buses, and other demand-responsive operations

17  that are characterized by their nonscheduled, nonfixed route

18  nature.

19         (10)  "Transportation disadvantaged funds" means any

20  local government, state, or available federal funds that are

21  for the transportation of the transportation disadvantaged.

22  Such funds may include, but are not limited to, funds for

23  planning, Medicaid transportation, administration, operation,

24  procurement, and maintenance of vehicles or equipment and

25  capital investments. Transportation disadvantaged funds do not

26  include funds for the transportation of children to public

27  schools.

28         (11)  "Coordination" means the arrangement for the

29  provision of quality transportation services to the

30  transportation disadvantaged in a manner that is safe, timely,

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  cost-effective, efficient, and reduces fragmentation and

 2  duplication of services.

 3         (12)  "Annual budget estimate" means a budget estimate

 4  of funding resources available for providing transportation

 5  services to the transportation disadvantaged and which is

 6  prepared annually to cover a period of 1 state fiscal year.

 7         (12)(13)  "Nonsponsored transportation disadvantaged

 8  services" means transportation disadvantaged services that are

 9  not sponsored or subsidized by any funding source other than

10  the Transportation Disadvantaged Trust Fund.

11         (13)  "Coordination contract" means a written contract

12  between the community transportation coordinator and an agency

13  that receives transportation disadvantaged funds and performs

14  some, if not all, of its own transportation services, as well

15  as transportation services to others, when shown to be more

16  effective and more efficient from a total-system perspective.

17  The contract reflects the specific terms and conditions that

18  will apply to those agencies that perform their own

19  transportation, as well as joint use and cost provisions for

20  transportation services to and from the community

21  transportation coordinator.

22         (14)  "Coordination contractor" means an agency that

23  enters into a coordination contract between the community

24  transportation coordinator and that receives transportation

25  disadvantaged funds and performs some, if not all, of its own

26  transportation services, as well as transportation services to

27  others, when shown to be more effective and more efficient

28  from a total-system perspective. The coordination contract

29  reflects the specific terms and conditions that will apply to

30  those agencies who perform their own transportation, as well

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  as joint use and cost provisions for transportation services

 2  to and from the community transportation coordinator.

 3         (15)  "Transportation disadvantaged service plan" means

 4  an annually updated multi-year plan jointly developed by the

 5  designated official planning agency and the community

 6  transportation coordinator which contains a development plan,

 7  service plan, and quality assurance components. The plan shall

 8  be approved by the commission and the local coordinating board

 9  and used to evaluate the community transportation coordinator,

10  transportation operators, coordination contractors, and

11  approved alternate providers.

12         (16)  "Alternative transportation provider" means a

13  transportation entity that has been determined by a purchasing

14  agency to provide transportation services at a lower cost and

15  that meets the same standards as the coordinated system, in

16  accordance with the commission's approved procedure for

17  purchasing agency use of alternative providers.

18         Section 2.  Paragraphs (d), (g), (i), (k), and (n) of

19  subsection (1) of section 427.012, Florida Statutes, are

20  amended, paragraph (r) is added to that subsection, and

21  subsection (4) of that section is amended, to read:

22         427.012  The Commission for the Transportation

23  Disadvantaged.--There is created the Commission for the

24  Transportation Disadvantaged in the Department of

25  Transportation.

26         (1)  The commission shall consist of the following

27  members:

28         (d)  The secretary of the Department of Health Labor

29  and Employment Security or the secretary's designee.

30         (g)  The secretary director of the Agency for Health

31  Care Administration or the secretary's director's designee.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (i)  A representative of the Florida Public

 2  Transportation Transit Association, who shall serve at the

 3  pleasure of that association.

 4         (k)  A handicapped person with a disability who is a

 5  member of a recognized statewide organization representing

 6  handicapped Floridians with disabilities. Such person shall be

 7  appointed by the Governor to represent disabled handicapped

 8  Floridians and shall be appointed to serve a term of 4 years.

 9         (n)  A representative of children One member of the

10  Early Childhood Council. Such person shall be appointed by the

11  Governor to represent children at risk maternal and child

12  health care providers and shall be appointed to serve a term

13  of 4 years.

14         (r)  The Executive Director of the Agency for Workforce

15  Innovation or the executive director's designee representing

16  workforce boards.

17         (4)  The commission shall meet at least quarterly, or

18  more frequently at the call of the chairperson. Fifty-one

19  percent Nine members of the commission members constitute a

20  quorum, and a majority vote of the members present is

21  necessary for any action taken by the commission.

22         Section 3.  Section 427.013, Florida Statutes, is

23  amended to read:

24         427.013  The Commission for the Transportation

25  Disadvantaged; purpose and responsibilities.--The purpose of

26  the commission is to accomplish and provide statewide

27  oversight for the coordination and funding of transportation

28  services provided to the transportation disadvantaged. The

29  goal of this coordination and oversight is shall be to assure

30  the quality, safe, timely, and cost-effective provision of

31  transportation by qualified community transportation

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  coordinators or transportation operators for the

 2  transportation disadvantaged without any bias or presumption

 3  in favor of multioperator systems or not-for-profit

 4  transportation operators over single operator systems or

 5  for-profit transportation operators. In carrying out this

 6  purpose, the commission shall:

 7         (1)  Compile all available information on the

 8  transportation operations for and needs of the transportation

 9  disadvantaged in the state.

10         (2)  Establish, amend, and monitor statewide objectives

11  for providing the quality, safe, and timely coordinated

12  transportation service services for the transportation

13  disadvantaged.

14         (3)  Develop, modify, and monitor policies and

15  procedures for the coordination of local government, federal,

16  and state funding for the transportation disadvantaged.

17         (4)  Identify barriers prohibiting the coordination and

18  accessibility of transportation services to the transportation

19  disadvantaged and aggressively pursue the elimination of these

20  barriers by implementing new or revised commission policies or

21  recommending changes to the Legislature.

22         (5)  Serve as a statewide clearinghouse for information

23  about transportation disadvantaged services, training, funding

24  sources, innovations, and coordination of best practices

25  efforts.

26         (6)  In coordination with community transportation

27  coordinators, local coordinating boards, and purchasing

28  agencies, assist communities in developing and monitoring

29  transportation systems designed to serve the transportation

30  disadvantaged.

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (7)  Assure, by reviewing and recommending changes,

 2  that all procedures, guidelines, and directives issued by

 3  purchasing agencies member departments are conducive to the

 4  coordination of transportation services, are in compliance

 5  with ss. 427.011-427.017, and adhere to the commission's

 6  standards provided by rule or other policies adopted by the

 7  commission.

 8         (8)(a)  Assure that purchasing agencies member

 9  departments purchase all trips within the coordinated system,

10  unless they have been approved to use an alternative

11  transportation provider pursuant to rules and procedures

12  adopted by the commission which meets the standards of the

13  commission. use a more cost-effective alternative provider.

14         (b)  Approve and implement Provide, by rule, criteria

15  and procedures for any agency that purchases transportation

16  services member departments to justify using an alternative

17  transportation provider outside of the coordinated

18  transportation system use if they wish to use an alternative

19  provider. Such procedure Departments must demonstrate either

20  that the proposed alternative provider can provide a trip of

21  acceptable quality for the clients at a lower cost than that

22  provided within the coordinated system and meets the

23  commission's minimum approved standards as outlined by rule,

24  or that the coordinated system cannot accommodate the

25  purchasing agency's needs department's clients.

26         (9)  Develop by rule standards for community

27  transportation coordinators, and any transportation operators,

28  operator or coordination contractors and agencies that have

29  been approved to contract with alternative providers as

30  specified in subsection (8) contractor from whom service is

31  purchased or arranged by the community transportation

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  coordinator covering coordination, operation, safety,

 2  insurance, eligibility for service, costs, on-time

 3  performance, and use utilization of transportation

 4  disadvantaged services. These standards and rules must

 5  include, but are not limited to:

 6         (a)  Inclusion, by rule, of acceptable ranges of trip

 7  costs for the various modes and types of transportation

 8  services provided.

 9         (a)(b)  Minimum performance standards for the delivery

10  of services. These standards must be included in community

11  transportation coordinator contracts, and transportation

12  operator contracts, coordination contracts, and contracts

13  between purchasing agency-approved alternative transportation

14  providers as approved in accordance with subsection (8) with

15  clear penalties for repeated or continuing violations.

16         (b)(c)  Minimum liability insurance requirements for

17  all transportation services purchased, provided, or

18  coordinated for the transportation disadvantaged through the

19  community transportation coordinator, a transportation

20  operator, or an alternative transportation provider as

21  approved in accordance with subsection (8).

22         (c)  Minimum driver background screening for all

23  transportation disadvantaged services purchased, provided, or

24  coordinated for the transportation disadvantaged through the

25  community transportation coordinators, transportation

26  operators, or an alternative transportation provider as

27  approved in accordance with subsection (8).

28         (10)  Adopt rules pursuant to ss. 120.536(1) and 120.54

29  to implement the provisions of ss. 427.011-427.017.

30         (11)  Approve the appointment of all community

31  transportation coordinators.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (12)  Have the authority to aggressively apply for and

 2  accept funds, grants, gifts, and services from the Federal

 3  Government, state government, local governments, or private

 4  funding sources. Applications by the commission for local

 5  government funds shall be coordinated through the appropriate

 6  coordinating board. Funds acquired or accepted under this

 7  subsection shall be administered by the commission and shall

 8  be used to carry out the commission's responsibilities.

 9         (13)  Make an annual report to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives by January 1 of each year.

12         (14)  Consolidate, for each state agency, the annual

13  budget estimates for transportation disadvantaged services,

14  and the amounts of each agency's actual expenditures, together

15  with the annual budget estimates of each official planning

16  agency, local government, and directly federally funded agency

17  and issue a report.

18         (14)(15)  Prepare a statewide 5-year transportation

19  disadvantaged plan which addresses the transportation problems

20  and needs of the transportation disadvantaged, which is fully

21  coordinated with the Florida Transportation Plan and local and

22  regional transit plans, compatible with local government

23  comprehensive plans, and which ensures that the quality, most

24  safe and timely, cost-effective, and efficient method of

25  providing transportation to the disadvantaged is programmed

26  for development.

27         (15)(16)  Review and approve memorandums of agreement

28  for the provision of coordinated transportation services.

29         (16)(17)  Review, monitor, and coordinate all

30  transportation disadvantaged local government, state, and

31  federal fund requests and plans for conformance with

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  commission policy, without delaying the application process.

 2  Such funds shall be available only to those entities

 3  participating in an approved coordinated transportation system

 4  or entities that which have been approved to use an

 5  alternative provider based on received a commission-approved

 6  procedures waiver to obtain all or part of their

 7  transportation through another means as outlined in subsection

 8  (8). This process shall identify procedures for coordinating

 9  with the state's intergovernmental coordination and review

10  procedures and s. 216.212(1) and any other appropriate grant

11  review process.

12         (17)(18)  Develop an interagency uniform contracting

13  and billing and accounting system that shall be used by all

14  community transportation coordinators and their transportation

15  operators.

16         (18)(19)  Develop and maintain a transportation

17  disadvantaged handbook outlining current rules and procedures

18  for implementing the program manual.

19         (19)(20)  Design and develop statewide transportation

20  disadvantaged training and technical assistance programs

21  ensuring coordination with other agencies, maximizing

22  available resources.

23         (20)(21)  Coordinate all transportation disadvantaged

24  programs with appropriate state, local, and federal agencies

25  and public transit agencies to ensure compatibility with

26  existing transportation systems.

27         (21)(22)  Designate the official planning agency in

28  areas outside of the purview of a metropolitan planning

29  organization.

30         (22)(23)  Develop and update as needed eligibility

31  guidelines need-based criteria that must be used by all

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  community transportation coordinators to prioritize the

 2  delivery of nonsponsored transportation disadvantaged services

 3  that are purchased with Transportation Disadvantaged Trust

 4  Fund moneys.

 5         (23)  To ensure the level of quality, timely, safe,

 6  cost-effective, efficient, and financially accountable areas

 7  of the transportation disadvantaged program, employ a quality

 8  assurance and program evaluation section. The commission may

 9  use outside contractors to accomplish some of its

10  responsibilities.

11         (a)  The quality assurance and program evaluation

12  section shall monitor and evaluate community transportation

13  coordinators, transportation operators, and coordination

14  contractors based upon approved commission and locally

15  established quality assurance standards, or other policies

16  identified in rules approved by the commission. To eliminate

17  duplication of effort, purchasing agencies that monitor

18  community transportation coordinators shall coordinate their

19  efforts with the commission's quality assurance and program

20  evaluation section. Purchasing agencies shall make available

21  records or access for transportation services billed in order

22  for the commission to conduct a financial audit to detect

23  duplicate billing among several funding sources.

24         (b)  If a community transportation coordinator does not

25  comply with the quality assurance standards, or if the

26  commission has good cause to believe that the system is not

27  complying with the quality assurance standards, the commission

28  may conduct a special or financial review of the community

29  transportation coordinator or its transportation operators. If

30  the special review indicates continued noncompliance,

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  transportation disadvantaged funds shall be withheld until

 2  compliance is achieved.

 3         (c)  The quality assurance and program evaluation

 4  section will biennially monitor all designated official

 5  planning agencies based upon the commission's contract

 6  requirements and deliverables thereof. Noncompliance shall

 7  result in transportation disadvantaged funds being withheld

 8  until compliance is achieved.

 9         (d)  Employees of the quality assurance and program

10  evaluation section shall function independently and be

11  directly responsible to the executive director. The use of

12  outside contracting is permitted in order to accomplish the

13  tasks not able to be performed by existing personnel.

14         (24)  The commission shall develop a minimum set of

15  quality assurance standards, including commission standards

16  and locally established standards or other policies adopted by

17  rule, which shall be included in each designated service

18  area's transportation disadvantaged service plan. Compliance

19  with the quality assurance standards and other policies shall

20  be a condition of program participation by the community

21  transportation coordinator and any transportation operators or

22  coordination contractors involved in the coordinated system.

23  Each community transportation coordinator shall be reviewed

24  annually by the local coordinating board and biennially by the

25  quality assurance and program evaluation section of the

26  commission to ensure compliance with quality assurance

27  standards. Transportation operators and coordination

28  contractors shall be monitored a minimum of annually by the

29  community transportation coordinator to ensure compliance with

30  the quality assurance standards and other policies approved by

31  the commission. Establish a review procedure to compare the

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  rates proposed by alternate transportation operators with the

 2  rates charged by a community transportation coordinator to

 3  determine which rate is more cost-effective.

 4         (25)  The commission will establish an ombudsman

 5  program that will serve as an advocate in resolving issues for

 6  consumers, purchasing agencies, community transportation

 7  coordinators, transportation operators, coordination

 8  contractors, and others who need assistance or investigation

 9  about a transportation concern. The ombudsman program will

10  provide a statewide toll-free phone number for consumers and

11  others and shall serve as a clearinghouse to provide

12  information about transportation services or to refer

13  unrelated matters to the appropriate authority. The

14  information collected and documented by the ombudsman program

15  will be forwarded to the community transportation coordinator,

16  local coordinating board, and commission. Information provided

17  by consumers and others will remain confidential and is exempt

18  from the public records laws. Conduct a cost-comparison study

19  of single-coordinator, multicoordinator, and brokered

20  community transportation coordinator networks to ensure that

21  the most cost-effective and efficient method of providing

22  transportation to the transportation disadvantaged is

23  programmed for development.

24         (26)  The commission shall appoint a standing ombudsman

25  committee that shall consist of a chairperson, vice

26  chairperson, and three other members. The ombudsman committee

27  is responsible for oversight of the ombudsman program and

28  shall report, and recommend actions to be taken, to the

29  commission. The ombudsman committee is responsible for

30  addressing all grievances that are not resolved at the local

31  level and are provided to the commission within the guidelines

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  of the commission's grievance procedures. Any areas of legal

 2  concern shall be referred to the commission's general counsel

 3  for disposal. The ombudsman program will be staffed by the

 4  commission's personnel from the quality assurance and program

 5  evaluation section. Develop a quality assurance and management

 6  review program to monitor, based upon approved commission

 7  standards, services contracted for by an agency, and those

 8  provided by a community transportation operator pursuant to s.

 9  427.0155. Staff of the quality assurance and management review

10  program shall function independently and be directly

11  responsible to the executive director.

12         (27)  Ensure that local community transportation

13  coordinators work cooperatively with regional workforce boards

14  established in chapter 445 to provide assistance in the

15  development of innovative transportation services for

16  participants in the welfare transition program.

17         (28)  Develop by rule a statewide and uniform

18  competitive procurement process and procedure to be used by

19  each designated official planning agency for the procurement

20  of community transportation coordinators and transportation

21  operators in compliance with chapter 287 and which do not

22  conflict with local government purchasing policies. This

23  procedure shall be agreed upon by all purchasing agencies as

24  to the services to be procured, the available budget and rates

25  to be paid, the minimum commission quality assurance

26  standards, other commission policies, and other criteria

27  needed by a purchasing agency to ensure safe, quality, timely,

28  and cost-effective services. Once this process and procedure

29  has been conducted by the designated official planing agency

30  at the local level, purchasing agencies, unless they have been

31  approved in advance of this process to utilize an alternative

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  provider as outlined in subsection (8), shall contract with

 2  the selected community transportation coordinator or

 3  transportation operators based on the agreed-upon levels and

 4  rates for services.

 5         (29)  In coordination with local community

 6  transportation coordinators and local coordinating boards,

 7  develop and implement innovative approaches to the delivery of

 8  coordinated transportation services at the local level,

 9  including, but not limited to, the use of volunteers,

10  faith-based organizations, and other initiatives within the

11  coordinated system and meeting the commission's standards

12  identified by rule.

13         (30)  To promote consumer choice in transportation

14  services within the coordinated transportation program and in

15  partnership with other funding agencies, jointly develop and

16  fund pilot projects for innovative models for the delivery of

17  transportation services which offer improved customer

18  satisfaction and promote independence. Such pilots shall be

19  evaluated and may be replicated in other areas where

20  successful.

21         (31)  Develop, monitor, and implement a substance abuse

22  program for community transportation coordinators,

23  transportation operators, coordination coordinators, and

24  approved transportation alternative providers. The commission

25  may use contracted services to implement this program or may

26  work jointly with other agencies in order not to duplicate

27  similar programs.

28         Section 4.  Section 427.0135, Florida Statutes, is

29  amended to read:

30         427.0135  Purchasing agencies Member departments;

31  duties and responsibilities.--Each purchasing agency member

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  department, in carrying out the policies and procedures of the

 2  commission, shall:

 3         (1)(a)  Use the coordinated transportation system for

 4  provision of services to its clients, unless an alternative

 5  provider has been approved based on procedures and adopted

 6  standards of the commission as identified in s. 427.013(8)

 7  each department meets the criteria outlined in rule to use an

 8  alternative provider.

 9         (b)  Subject to the provisions of s. 409.908(18), the

10  Medicaid agency shall purchase transportation services through

11  the community coordinated transportation system unless the

12  Medicaid agency has been approved to purchase services with an

13  approved alternative provider based on procedures adopted by

14  the commission by rule a more cost-effective method is

15  determined by the agency for Medicaid clients or unless

16  otherwise limited or directed by the General Appropriations

17  Act.

18         (2)  Provide the commission, by October 1 September 15

19  of each year, an accounting of all funds spent as well as how

20  many trips were purchased with agency funds.

21         (3)  Assist communities in developing coordinated

22  transportation systems designed to serve the transportation

23  disadvantaged. However, a purchasing agency member department

24  may not serve as the community transportation coordinator in

25  any designated service area.

26         (4)  Assure that its rules, procedures, guidelines, and

27  directives are conducive to the coordination of transportation

28  funds and services for the transportation disadvantaged and in

29  compliance with this chapter and rules adopted under this

30  chapter.

31  

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (5)  In coordination with the commission, provide

 2  technical assistance, as needed, to community transportation

 3  coordinators or transportation operators or participating

 4  agencies.

 5         (6)  Request budget authority for the allocation of

 6  transportation funds annually in the agency's legislative

 7  budget request to ensure that access to agency services is in

 8  place through the coordinated transportation system or to

 9  transportation alternative providers where approved based on

10  commission procedures.

11         (7)  Be authorized to contract or transfer funds on an

12  annual or other aggreed-upon period with the Commission for

13  the Transportation Disadvantaged for the provision of

14  coordinated transportation or other services based on a

15  mutually agreed-upon, performanced-based contract.

16         Section 5.  Subsections (2) and (3) of section 427.015,

17  Florida Statutes, are amended, and subsection (4) is added to

18  that section, to read:

19         427.015  Function of the metropolitan planning

20  organization or designated official planning agency in

21  coordinating transportation for the transportation

22  disadvantaged.--

23         (2)  Using a competitive procurement process identified

24  in chapter 287, each metropolitan planning organization or

25  designated official planning agency shall recommend to the

26  commission a single community transportation coordinator.

27  However, a purchasing agency member department may not serve

28  as the community transportation coordinator in any designated

29  service area. The coordinator may broker the transportation

30  services or provide all or a portion of needed transportation

31  services for the transportation disadvantaged but shall be

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  responsible for the provision of those coordinated services.

 2  Based on approved commission evaluation criteria, the

 3  coordinator shall subcontract or broker those services that

 4  are more cost-effectively and efficiently provided by

 5  subcontracting or brokering. The performance of the

 6  coordinator shall be evaluated based on the commission's

 7  approved evaluation criteria by the coordinating board at

 8  least annually. A copy of the evaluation shall be submitted to

 9  the metropolitan planning organization or the designated

10  official planning agency, and the commission. The

11  recommendation or termination of any community transportation

12  coordinator shall be subject to approval by the commission.

13         (3)  Each metropolitan planning organization or

14  designated official planning agency shall provide regular

15  input into local, regional, and statewide planning processes,

16  including, but not limited to, the Florida Transportation Plan

17  or components thereof, local and state comprehensive plans,

18  regional plans, and other plans that impact the planning for

19  services to the transportation disadvantaged. request each

20  local government in its jurisdiction to provide an estimate of

21  all local and direct federal funds to be expended for

22  transportation for the disadvantaged. The metropolitan

23  planning organization or designated official planning agency

24  shall consolidate this information into a single report and

25  forward it, by the beginning of each fiscal year, to the

26  commission.

27         (4)  Each metropolitan planning organization or

28  designated official planning agency shall assist the local

29  community transportation coordinator and local coordinating

30  board with public educational programs regarding the needs of

31  the transportation disadvantaged in their communities. Such

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  educational programs may include information regarding the

 2  state donation each person is entitled to make as part of his

 3  or her annual motor vehicle registration renewal or other

 4  state or federal programs related to funding of the

 5  Transportation Disadvantaged Trust Fund. In addition, each

 6  metropolitan planning organization or designated official

 7  planning agency is authorized to assist the local community

 8  transportation coordinator and local coordinating board in

 9  identifying potential federal, state, and local funding

10  sources to adequately fund the unmet transportation needs of

11  transportation disadvantaged persons.

12         Section 6.  Section 427.0155, Florida Statutes, is

13  amended to read:

14         427.0155  Community transportation coordinators; powers

15  and duties.--Community transportation coordinators shall have

16  the following powers and duties:

17         (1)  Execute commission-approved uniform contracts for

18  service using a standard contract, which includes performance

19  standards for transportation operators and coordination

20  contractors. Transportation operator contracts shall include,

21  but are not limited to, specific performance standards

22  addressing quality, safety, and timely and cost-effective

23  services and shall provide for enforceable penalties for

24  noncompliance. The contracts shall also ensure timely payments

25  to all transportation operators as required by law. Contracts

26  shall require notification and certification to transportation

27  operators and the commission that timely payments to

28  transportation operators have been made in accordance with

29  law. In cases where this has not occurred, the nonpayment

30  issue will be turned over to the appropriate authorities for

31  final resolution.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (2)  Collect manual, electronic, or on-line-submitted

 2  annual operating data for submittal to the commission no later

 3  than October 1 each year and more frequently as determined by

 4  the commission.

 5         (3)  Review and monitor all transportation operator and

 6  coordination contracts annually.

 7         (4)  Approve and coordinate the utilization of school

 8  bus and public transportation services in accordance with the

 9  transportation disadvantaged service plan.

10         (5)  In cooperation with a local or multi-county

11  functioning coordinating board, review all applications for

12  local government, federal, and state transportation

13  disadvantaged funds, and recommend actions based on cost

14  effectiveness and appropriateness of the requested funding

15  application develop cost-effective coordination strategies.

16         (6)  In cooperation with, and approved by, the local or

17  multi-county coordinating board, develop, negotiate,

18  implement, and monitor a memorandum of agreement including a

19  multi-year transportation disadvantaged service plan, for

20  submittal to the commission. The multi-year transportation

21  disadvantaged service plan shall be based on the competitive

22  procurement process followed for the selection of the

23  community transportation coordinators and transportation

24  operators.

25         (7)  In cooperation with the local or multi-county

26  coordinating board and pursuant to eligibility guidelines

27  criteria developed by the Commission for the Transportation

28  Disadvantaged, establish priorities with regard to the

29  recipients of nonsponsored transportation disadvantaged

30  services that are purchased with Transportation Disadvantaged

31  Trust Fund moneys.

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (8)  Have full responsibility for the coordination and

 2  delivery of transportation services for the transportation

 3  disadvantaged as outlined in s. 427.015(2) which are funded by

 4  state, federal, or local government sources.

 5         (9)  Work cooperatively with regional workforce boards

 6  established in chapter 445 to provide assistance in the

 7  development of innovative transportation services for

 8  participants in the welfare transition program.

 9         (10  In coordination with the local coordinating board,

10  develop transportation delivery models within the coordinated

11  transportation system by the use of volunteers, faith-based

12  organizations, or other innovative approaches to maximize

13  limited financial resources.

14         Section 7.  Section 427.0157, Florida Statutes, is

15  amended to read:

16         427.0157  Coordinating boards; powers and duties.--The

17  purpose of each coordinating board is to develop and evaluate

18  local service needs and to provide information, advice, and

19  direction to the community transportation coordinators on the

20  coordination of services to be provided to the transportation

21  disadvantaged.  The commission shall, by rule, establish the

22  membership of coordinating boards.  The members of each board

23  shall be appointed by the metropolitan planning organization

24  or designated official planning agency.  The appointing

25  authority shall provide each board with sufficient staff

26  support and resources to enable the board to fulfill its

27  responsibilities under this section.  Each board shall meet at

28  least quarterly and shall:

29         (1)  Review, monitor, and approve the coordinated

30  community transportation disadvantaged service plan, including

31  

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  the memorandum of agreement, prior to submittal to the

 2  commission;

 3         (2)  Evaluate services provided in meeting the approved

 4  plan based on commission and local standards;

 5         (3)  In cooperation with the community transportation

 6  coordinator, review and provide recommendations to the

 7  commission on funding applications affecting the

 8  transportation disadvantaged;

 9         (4)  Assist the community transportation coordinator in

10  establishing priorities with regard to the recipients of

11  nonsponsored transportation disadvantaged services that are

12  purchased with Transportation Disadvantaged Trust Fund

13  moneys;.

14         (5)  Review and assist in the coordination strategies

15  of service provision to the transportation disadvantaged in

16  the designated service area; and

17         (6)  Evaluate and develop multicounty, or regional, or

18  intrastate transportation opportunities;.

19         (7)  Work cooperatively with regional workforce boards

20  established in chapter 445 to provide assistance in the

21  development of innovative transportation services for

22  participants in the welfare transition program;.

23         (8)  Assist the metropolitan planning organization or

24  designated official planning agency and the local community

25  transportation coordinator with local public awareness and

26  educational efforts to increase donations to the

27  Transportation Disadvantaged Trust Fund or to identify other

28  public and private resources to address the unmet

29  transportation needs of transportation disadvantaged persons;

30  and

31  

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (9)  Assist the community transportation coordinator

 2  with development of innovative transportation alternatives

 3  within the coordinated transportation system, including, but

 4  not limited to, the use of volunteers, faith-based

 5  organizations, or other innovative approaches to maximize

 6  limited financial resources and improve customer satisfaction.

 7         Section 8.  Subsection (2) of section 427.0158, Florida

 8  Statutes, is amended to read:

 9         427.0158  School bus and public transportation.--

10         (2)  The school boards shall cooperate in the

11  utilization of their vehicles to enhance coordinated

12  disadvantaged transportation by providing the information as

13  required by this section and by allowing the use of their

14  vehicles at actual cost upon request when those vehicles are

15  available for such use and are not transporting students.

16  Semiannually, no later than October 1 and April 30, a designee

17  from the local school board shall provide the community

18  transportation coordinator with copies to the coordinated

19  transportation board, the following information for vehicles

20  not scheduled 100 percent of the time for student

21  transportation use:

22         (a)  The number and type of vehicles, including how

23  many vehicles have seat belts and air conditioning and are

24  accessible, by adult capacity, including days and times, that

25  the vehicles are available for coordinated transportation

26  disadvantaged services;

27         (b)  The actual cost per mile by vehicle type

28  available;

29         (c)  The actual driver cost per hour;

30         (d)  Additional actual cost associated with vehicle use

31  outside the established workday or workweek of the entity; and

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1         (e)  Notification of lead time required for vehicle

 2  use.

 3         Section 9.  Section 427.0159, Florida Statutes, is

 4  amended to read:

 5         427.0159  Transportation Disadvantaged Trust Fund.--

 6         (1)  There is established in the State Treasury the

 7  Transportation Disadvantaged Trust Fund to be administered by

 8  the Commission for the Transportation Disadvantaged. All fees

 9  collected for the transportation disadvantaged program under

10  s. 320.03(9) or other statutes where funding has been

11  statutorily designated to the program shall be deposited in

12  the trust fund.

13         (2)  Funds deposited in the trust fund shall be

14  appropriated by the Legislature to the commission and shall be

15  used to carry out the responsibilities of the commission and

16  to fund the administrative expenses of the commission,

17  including, but not limited to, the development of educational

18  materials to improve customer awareness and for acquiring

19  public and private donations to the trust fund to meet the

20  unmet transportation needs.

21         (3)  Funds deposited in the trust fund shall may be

22  used by the commission to subsidize a portion of a

23  transportation disadvantaged person's transportation costs

24  which is not sponsored by an agency, only if a cash or in-kind

25  match is required. The commission, by rule, shall have the

26  authority to increase, reduce, or eliminate the match for

27  innovative transportation disadvantaged services such as, but

28  not limited to, use of volunteers, use of faith-based

29  organizations, pilot projects for consumer choice, and other

30  initiatives that maximize limited resources but conform to the

31  commission's standards as identified by rule.  Funds for

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  nonsponsored transportation disadvantaged services shall be

 2  distributed based upon the need of the recipient and according

 3  to eligibility guidelines criteria developed by rule by the

 4  Commission for the Transportation Disadvantaged.

 5         Section 10.  Section 427.016, Florida Statutes, is

 6  amended to read:

 7         427.016  Expenditure of local government, state, and

 8  federal funds for the transportation disadvantaged.--

 9         (1)(a)  All transportation disadvantaged funds expended

10  within the state shall be expended to purchase transportation

11  services from community transportation coordinators or public,

12  private, or private nonprofit transportation operators within

13  the coordinated transportation system, except when a

14  purchasing agency has been approved to contract with an

15  alternative provider that meets the same quality and safety

16  standards of the commission the rates charged by proposed

17  alternate operators are proven, pursuant to rules and

18  procedures generated by the Commission for the Transportation

19  Disadvantaged, to be more cost-effective and are not a risk to

20  the public health, safety, or welfare.  However, in areas

21  where transportation suited to the unique needs of a

22  transportation disadvantaged person cannot be purchased

23  through the coordinated system, or where the agency has met

24  the rule criteria for using an alternative provider, the

25  service may be contracted for directly by the appropriate

26  agency.

27         (b)  Nothing in this subsection shall be construed to

28  limit or preclude the Medicaid agency from establishing

29  maximum fee schedules, individualized reimbursement policies

30  by provider type, negotiated fees, competitive bidding, or any

31  other mechanism that the agency considers efficient and

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1  effective for the purchase of services on behalf of Medicaid

 2  clients. State and local agencies shall not contract for any

 3  transportation disadvantaged services, including Medicaid

 4  reimbursable transportation services, with any community

 5  transportation coordinator or transportation operator that has

 6  been determined by the Agency for Health Care Administration,

 7  the Department of Legal Affairs Medicaid Fraud Control Unit,

 8  or any state or federal agency to have engaged in any abusive

 9  or fraudulent billing or violence-related criminal activities.

10         (2)  Each purchasing agency, whether or not it is a

11  member of the Commission for the Transportation Disadvantaged,

12  shall provide inform the commission in writing, before the

13  beginning of each fiscal year, of the specific amount of any

14  money the agency allocated for transportation disadvantaged

15  services. Additionally, each state agency shall, by October 1

16  September 15 of each year, provide the commission with an

17  accounting of the actual amount of funds expended and the

18  total number of trips purchased.

19         (3)  Each metropolitan planning organization or

20  designated official planning agency shall annually compile a

21  report accounting for all local government and direct federal

22  funds for transportation for the disadvantaged expended in its

23  jurisdiction and forward this report by October 1 September 15

24  to the commission.

25         (4)  The commission has the authority to audit and

26  review records of any agency that expends transportation

27  disadvantaged funds as defined in this chapter to detect

28  misuse or duplicating billing between funding sources.

29  Findings of such reviews will be reported to the appropriate

30  purchasing agency or other authorities for further action.

31         Section 11.  This act shall take effect July 1, 2003.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2742
    16-1110-03




 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises a variety of provisions relating to the powers,
      duties, and functions of the Commission for the
 4    Transportation Disadvantaged, modifying existing duties
      and imposing additional ones. (See bill for details.)
 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  29

CODING: Words stricken are deletions; words underlined are additions.